Public Liability

We act for a number of insurers in public liability claims and focus on providing a professional service covering:-

Indemnity;
Liability;
Contribution/Recovery;
Contributory Negligence;
Quantum.

You can rely upon our expertise on both the procedural and substantive law applying to public liability claims, having been involved in such matters as:

Walter Reid –v– Kern Corporation

A matter that proceeded to the High Court involving destruction of a department store by fire prior to settlement of the contact for sale and the attempt of the purchasers to take the benefit of the vendor's policy. Notice given under section 56 of the Property Law Act (London Fires Metropolis Act).
Eastern Suburbs Leagues Club v Royal & Sun Alliance Insurance Australia Limited

Successful defence of a claim under an ISR policy for damage caused by water inundation following a 1 in 100 year storm in the southern suburbs of Queensland. The case involved consideration of the flood exclusion and the associated proviso in relation to damage caused indirectly by flood.
Enright v Coolum Resort Limited & Ors

Successful defence of a claim against the Hyatt Coolum by the widow of an American businessman who drowned off Yaroombah Beach at Coolum in 1993. The deceased was the World Vice-President (Tax) for Pepsico Inc. and the dependency claim was for in excess of US$100M. Although it ultimately tuned on its facts, the claim considered the duty owed by local councils and holiday resorts to people swimming off Queensland's open surf beaches. Of particular interest was the duty of a resort to a guest swimming at a public beach, outside but adjacent to the resort.
Hornberg v The Council of the Shire of Surat & Anor

Successful defence of a claim for damages for personal injury when a young girl was rendered quadriplegic after diving into the local council pool. Although the case ultimately turned on its facts and issues of credibility, the relative duties of the local council and the pool lessee to users of a pool and their liability inter se were considered.

We pride ourselves in providing a value service and facilitating the resolution of claims through timely negotiations.

"Insurance Law Reform: Direct Offshore Foreign Insurers" - May 2007

"Offers & Costs - Implications for Claims Management" - May 2007

"Leichhardt Municipal Council -v- Montgomery [2007] HCA 6" - March 2007

"Kriz v King & Anor - Care and Assistance Entitlements Under the CLA" - Sept 2006

"Swain -v- Waverley Municipal Council [2005] HCA 4" - Feb 2005

Telephone: 07 3223 6400 Facsimile: 07 3223 6444 Address: Level 32, 239 George Street, Brisbane 4000
Post: GPO Box 2500, Brisbane 4001 | DX Mail: DX 40096 Brisbane
Email: qmt@qmtlaw.com.au ABN 37 355 684 469